1. This Letters Patent Appeal assails the judgement of learned Single Judge in CIMA No. 16/94, dated April 28,1995 whereby the appeal preferred by New India Assurance Company (hereafter the appellant) has been dismissed.

2. On March 2, 1993 at 5.00 a.m., truck bearing registration No. JK02B-7093 turned turtle with the result that labourer Raj Pal, travelling in the truck, died on the spot leaving behind his widow and three minor children. Claim petition was filed before the Motor Accident Claims Tribunal (hereafter shortly Tribunal), Jammu claiming compensation of rupees ten lacs from the respondents alleging that the accident was the result of rash and negligent driving by driver Joginder Singh. The respondent have admitted the accident but the allegation that the accident was attributable to the rash and negligent driving, has been denied. It has been stated that the accident took place due to sudden application of brakes for saving a buffalo which came in front of it. The appellant has admitted that the vehicle was insured with it on the date of accident but liability to pay the compensation for the death of the deceased has been denied.

On the pleading of the parties, the Tribu

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